Bill > H7749

This bill repeals the collateral source rule in medical malpractice actions, meaning that if a defendant in a medical malpractice lawsuit chooses to do so, they can introduce evidence of any benefits the injured person has already received from sources like insurance or workers' compensation to cover their medical expenses or lost income. Previously, under the collateral source rule, a defendant could not reduce an award of damages by the amount of benefits the plaintiff had already received from other sources, preventing plaintiffs from recovering twice for the same loss. This bill would allow defendants to present this information, and if they do, the jury would be instructed to reduce the damage award by the amount of these benefits, after considering any contributions the plaintiff made to secure those benefits. This change would take effect immediately upon passage.

Justice

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